Auckland TC 12 August 2016 – R 9 – Chair, Mr B Scott
ID: JCA16149
Meet Title:
Auckland TC - 12 August 2016
Meet Chair:
BScott
Meet Committee Member 1:
AGodsalve
Race Date:
2016/08/12
Race Number:
R9
Decision:
The breach is admitted and therefore the charge is upheld.
Penalty:
The Committee imposes a fine of $300.00 on Mr Poutama.
Facts:
Following the running of the TROPICAL RACE NIGHTS 7&14 OCTOBER MOBILE PACE an Information was lodged by Stipendiary Steward Mr S Mulcay against Open Horseman Mr A Poutama alleging that Mr Poutama drove in a manner which was likely to cause interference by allowing his horse ELLE CLASSIQUE when leading to shift down into the passing lane in the run home.
Rule 869(4) provides "no horseman shall during any race do anything which interferes or is likely to interfere with his own horse and/or any other horse or its progress"
Passing Lane regulation 4 provides "in the last lap of any race the leading horse on the running line shall, upon entering the home straight, maintain as straight a course as possible parallel to the running line and allow the trailing horses full access to the expanded inside lane."
Passing Lane regulation 8 provides "failure to comply with clauses 4 and/or 5 and/or 6 and /or 7 shall be deemed to be a breach of Rule 869(4) of the NZ Rules of Harness Racing in respect of which Rules 1003 and 869A apply."
Mr Poutama was present at the Hearing and advised the Committee that he admitted the breach.
Mr Mulcay demonstrated the incident using the race films and showed that when turning into the run home ELLE CLASSIQUE was in front and ART OF GOLD was trailing it. Mr Poutama then went into the passing lane and this prevented ART OF GOLD from having access to it and it then had to go around ELLE CLASSIQUE. He said that the driver of ART OF GOLD (Mr H Cullen) was in 2 minds as to where to go but he did say that Mr Cullen had told him that his horse was not disadvantaged and that he had every opportunity.
Mr Poutama said that when he saw Mr Cullen coming outside him he moved in a bit.
Submissions for Penalty:
Mr Mulcay said that Mr Poutama should have done more to prevent his horse moving in but he did say that the effects of the incident on the other horse were minimal. He said that Mr Poutama should receive credit for his clear record under this Rule and his admission of the breach.
Mr Mulcay referred to the JCA Guidelines and a starting point penalty of a fine of $300.00 or a suspension of Licence for 6 drives. He thought Mr Poutama was entitled to some concession and that a fine was appropriate.
Mr Poutama said he preferred a fine.
Reasons for Penalty:
We have viewed this incident several times. The main feature is that this was a deliberate act by Mr Poutama and he went straight into the Passing Lane and made no effort to stay out. His horse did not appear to be causing him any problems and he continued to use the whip in the straight. These are aggravating features of this incident.
We are told that the consequential effects on ART OF GOLD were minimal and we take that into account and we also give Mr Poutama credit for his admission of the breach and his good record.
We refer to the starting point penalty in the JCA Guidelines and we believe that in this instance the aggravating features mean that the starting point should be set at $400.00. Taking the mitigating features into account we believe that a fine of $300.00 is appropriate.
JCA Decision Fields (raw)
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Data from these fields should be mapped appropriately to display amongst the standard fields above; please make note of any values below that are missing in the above standard fields but should be there.
hearingid: c2dc745f2a12990a9a538328bfd4a8d5
informantnumber: A7962
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Driving in a manner likely to cause interference
plea: admitted
penaltyrequired: 1
decisiondate: 24/08/2016
hearing_title: Auckland TC 12 August 2016 - R 9 - Chair, Mr B Scott
charge:
facts:
Following the running of the TROPICAL RACE NIGHTS 7&14 OCTOBER MOBILE PACE an Information was lodged by Stipendiary Steward Mr S Mulcay against Open Horseman Mr A Poutama alleging that Mr Poutama drove in a manner which was likely to cause interference by allowing his horse ELLE CLASSIQUE when leading to shift down into the passing lane in the run home.
Rule 869(4) provides "no horseman shall during any race do anything which interferes or is likely to interfere with his own horse and/or any other horse or its progress"
Passing Lane regulation 4 provides "in the last lap of any race the leading horse on the running line shall, upon entering the home straight, maintain as straight a course as possible parallel to the running line and allow the trailing horses full access to the expanded inside lane."
Passing Lane regulation 8 provides "failure to comply with clauses 4 and/or 5 and/or 6 and /or 7 shall be deemed to be a breach of Rule 869(4) of the NZ Rules of Harness Racing in respect of which Rules 1003 and 869A apply."
Mr Poutama was present at the Hearing and advised the Committee that he admitted the breach.
Mr Mulcay demonstrated the incident using the race films and showed that when turning into the run home ELLE CLASSIQUE was in front and ART OF GOLD was trailing it. Mr Poutama then went into the passing lane and this prevented ART OF GOLD from having access to it and it then had to go around ELLE CLASSIQUE. He said that the driver of ART OF GOLD (Mr H Cullen) was in 2 minds as to where to go but he did say that Mr Cullen had told him that his horse was not disadvantaged and that he had every opportunity.
Mr Poutama said that when he saw Mr Cullen coming outside him he moved in a bit.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
The breach is admitted and therefore the charge is upheld.
sumissionsforpenalty:
Mr Mulcay said that Mr Poutama should have done more to prevent his horse moving in but he did say that the effects of the incident on the other horse were minimal. He said that Mr Poutama should receive credit for his clear record under this Rule and his admission of the breach.
Mr Mulcay referred to the JCA Guidelines and a starting point penalty of a fine of $300.00 or a suspension of Licence for 6 drives. He thought Mr Poutama was entitled to some concession and that a fine was appropriate.
Mr Poutama said he preferred a fine.
reasonsforpenalty:
We have viewed this incident several times. The main feature is that this was a deliberate act by Mr Poutama and he went straight into the Passing Lane and made no effort to stay out. His horse did not appear to be causing him any problems and he continued to use the whip in the straight. These are aggravating features of this incident.
We are told that the consequential effects on ART OF GOLD were minimal and we take that into account and we also give Mr Poutama credit for his admission of the breach and his good record.
We refer to the starting point penalty in the JCA Guidelines and we believe that in this instance the aggravating features mean that the starting point should be set at $400.00. Taking the mitigating features into account we believe that a fine of $300.00 is appropriate.
penalty:
The Committee imposes a fine of $300.00 on Mr Poutama.
hearing_type: Hearing
Rules: Rule 869(4) and Passing Lane Regulations 4&8
Informant: Mr S Mulcay - Stipendiary Steward
JockeysandTrainer: Mr A Poutama - Open Horseman
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: cb5cf3f39d481fa582a12a0dca4e9142
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R9
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 9f72674b3d8a7706165b45708aeb0238
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 12/08/2016
meet_title: Auckland TC - 12 August 2016
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: auckland-tc
meet_racingtype: harness-racing
meet_chair: BScott
meet_pm1: AGodsalve
meet_pm2: none
name: Auckland TC